Can You Buy 2 Guns with One Background Check?
What is the Gun Purchase Background Check?
The Federal Firearms License (FFL) dealer, where you purchase a gun, is required to conduct a background check on every gun buyer through the National Instant Criminal Background Check System (NICS) before completing the sale. This background check is designed to prevent individuals who are not eligible to own a gun due to various reasons such as prior criminal convictions, domestic violence, or mental health issues from obtaining a firearm.
The Law Regarding Background Checks for Multiple Gun Purchases
In response to public concern and to ensure gun safety, Congress enacted the National Instant Criminal Background Check System Improvement Amendments Act (NICS Improvements Act) in 2007. This act added a provision to the NICS system that allows the dealer to perform only one background check for the sale of multiple guns, provided that the sale occurs during the same visit. This means that if you purchase two guns or more from the same dealer on the same day, the dealer is only required to conduct one background check through the NICS system.
Important Requirements to Meet
To qualify for a single background check, you must meet the following conditions:
- The guns are purchased from the same dealer on the same day.
- The sale of all guns is made simultaneously.
- The background check is performed using the NICS system.
Multiple Background Checks: The Case Law
In some instances, courts have ruled that separate background checks are required for multiple gun purchases. This has led to two schools of thought on this issue:
- Some courts have interpreted the law to require separate background checks for each gun purchased, even if they are from the same dealer.
- Other courts have ruled that a single background check is sufficient if all guns are purchased on the same day and at the same dealer.
To resolve this confusion, some states have enacted their own laws regarding multiple gun purchases and background checks. Florida, for example, allows dealers to perform only one background check for multiple gun purchases, as long as the sale is made on the same day. On the other hand, California requires a separate background check for each gun purchased, even if they are from the same dealer.
Federal Statutes and Regulations
Several federal statutes and regulations guide the process of background checks for multiple gun purchases. Key points include:
- 18 U.S.C. § 922(t)(1): States that a licensed dealer is only required to conduct one background check for the sale of multiple guns, if all guns are sold to the same person during the same visit.
- ATF Ruling 2004-3: Provides guidance on the sale of multiple guns and requires the dealer to verify the sale of each gun with a separate entry in the transfer record.
- NICS Operations Manual: Emphasizes that separate background checks are required for multiple gun purchases made from different dealers, even if the sales occur on the same day.
Practical Considerations
From a practical standpoint, some important points to consider include:
- Timing is critical: If you want to purchase multiple guns on the same day and obtain only one background check, it is essential to visit the dealer during a single trip.
- Check the dealer’s policy: Different dealers may have their own policies regarding multiple gun purchases and background checks. Always inquire about their policies before making a purchase.
- State laws and regulations: Familiarize yourself with your state’s specific laws and regulations regarding background checks for multiple gun purchases.
Conclusion
To answer the question directly, yes, you can buy two guns with one background check, as long as you meet the necessary conditions and requirements. The sale must occur during the same visit to the dealer, and the dealer is required to perform only one background check through the NICS system. However, it is essential to consider the specific laws and regulations of your state, as well as the dealer’s policy, to ensure that your multiple gun purchases are legally compliant.
Summary of Key Points
- Federal law allows a licensed dealer to perform only one background check for multiple gun purchases, if all guns are sold to the same person during the same visit.
- Some courts have interpreted the law to require separate background checks for each gun purchased, while others have ruled that a single background check is sufficient.
- Several states have enacted their own laws regarding multiple gun purchases and background checks, and dealers’ policies may vary.
- Timing, checking the dealer’s policy, and familiarizing yourself with your state’s laws are all important considerations.
By understanding the complex legal landscape surrounding multiple gun purchases and background checks, you can ensure that your firearms transactions are legal and compliant.
